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43 R WALTER STREET - ZBA �E J mall at oxapourasQa ecnnews.com. f Legal Notice CfrY OF SALEM BOARD OF APPEAL Will hold a public hearing for all per- sons interested in the petition submit- ted by DONNA MATARAZZO seeking a Variance from number of stories i allowed(2 1/2)to construct a third floor I dormer for the property located at 43R 1 II WALTER STREET R2...Said hearing will be held on WEDNESDAY,MAY 16,' 1� 2007 at 6:30 p.m.,3rd floor,120 Wash-� j ington Street,Room.313 MAY 2&9,2007 SN—5/2,5/9/07 1.: 1 'ONDIr4 CITY OF SALEM, MASSAr—HUSET` S BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR /3 C SALEM, MASSACHUSETTS 01970 V TELEPHONE 978-745-9595 6u0� FAX. 978 740-9846 KIMBERLEY DRISCOLL MAYOR July 10, 2007 ^s Decision Petition of Donna Matarazzo Requesting a Variance o c for the Property at 43R Walter Street City of Salem Zoning Board of Appeals c w n3 v A public hearing on the above petition was opened on June 20, 2007 pursuant to N o Massachusetts General Laws Ch. 40A, §§ 10 and hand the City of Salem Zoning Ordinance. The following members of the Salem Zoning Board of Appeals ("Zoning Board of Appeals") were present: Robin Stein (Chairperson), Elizabeth Debski, Richard Dionne and Steve Pinto. The petitioner, Donna Matarazzo ("petitioner"), sought a variance from the 2 % stories allowed under the existing zoning ordinance to allow a third floor dormer for real property at 43R Walter Street, Salem, located within a two-family residential (R-2) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioner's property is a single-family dwelling within a two-family residence district. 2. Petitioner sought a variance from the maximum 2 % stories allowed under the existing zoning ordinance to allow for the construction of a third floor dormer that is 29 feet in width. The variance will enable the petitioner to construct three bedrooms and possibly a bathroom. 3. Arnold Nadler of 43 Walter Street spoke in favor of the variance. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the petition, the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a variance does not constitute substantial detriment to the public good nor does the requested relief nullify or substantially derogate from the intent or purpose of the zoning ordinance. 2. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, four(4) members (Stein, Debski, Dionne and Pinto) of the Salem Zoning Board of Appeals voted to grant the petitioner's request for a variance, and zero (0)members voted to deny the petitioner's request for a variance, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of occupancy shall be obtained. 7. If necessary, petitioner shall obtain proper street numbering from the City of Salem Assessor's office and shall display said number as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 9. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize petitioner to demolish or reconstruct any structures(s) on the property to an extent greater than 50% of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. L -- /Pb- Robin Stein Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that,if such appeal has been filed, that it has been dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title.